Las Vegas DUI Lawyer

SHOULD I GET A LAWYER FOR MY DUI?

A DUI in Nevada can have a serious impact on your life, your driving privileges, and possibly the lives of others. A first DUI offense is punished less harshly than subsequent offenses, and DUI charges that resulted in the injury or death of another person have the most substantial penalties. Regardless of the severity of the offense, a driving under the influence (DUI) conviction can have lasting consequences on your life and happens when you make the choice to drive while impaired by alcohol or drugs. If you have been charged with a DUI, you should seek the assistance of an experienced, reliable, and honest defense attorney that will guide you to achieve the most positive outcome possible. Hiring The Defenders to handle your DUI case, whether that be your first offense or not, can lead to a possible minimization of your charges, as well as diminish the damaging effects a DUI charge can possess over your life. Many people automatically assume that because they were arrested for a DUI, that law enforcement already has enough evidence for the defendant to be found guilty of driving under the influence. We, The Defenders, have deep experience in handling alcohol and drug related cases. By utilizing our services, your charges or sentencing have the possibility of being reduced or dismissed. The Defenders have extensive experience defending DUI cases and have a variety of strategies that have been proven in court to reduce or eliminate DUI charges. Some of these strategies include:

  • Investigation of the breathalyzer used during the arrest to determine whether it was functioning properly and has received consistent and proper maintenance
  • Analysis of the circumstances surrounding the arrest
  • Analysis of the blood test results and reanalyzing the samples to confirm the results are consistent
  • Ensuring that proper protocol was completed by the arresting officer and medical staff handling your case

WHAT IS CONSIDERED DRIVING UNDER THE INFLUENCE?

In Nevada, drivers are evaluated on their blood alcohol concentration (BAC), which is the measure of alcohol within someone’s blood. This level must be above the legal limit to count as driving under the influence. The legal limits for Nevada drivers are:

  • .02% for drivers under 21 years old
  • .04% for commercial licensed drivers
  • .08% for everyone else

Driving under the influence does not only mean you are impaired by alcohol, but can also mean you are impaired by drugs. When it comes to testing your BAC, it is only applicable to alcohol. When it comes to drugs, you are considered impaired for a certain amount of an illegal or prescribed substance found in your system while operating a motor vehicle, moped, or boat. Read more about driving under the influence of drugs here. 

WHAT PENALTIES DO I FACE WITH MY FIRST DUI?

With the reputation of “Sin City” and constant partying, it is no surprise that Las Vegas sees many people faced with a DUI charge. But driving while impaired by drugs or alcohol can lead to serious consequences. In the State of Nevada, the DUI driver’s first offense will only be labeled a misdemeanor as long as the driver did not cause any deaths or serious injuries. Drivers with a first DUI offense will be penalized in the following ways:

  • Possible jail time from 2 days to 6 months or 48-96 hours of community service
  • Drivers license revocation for 90 days. A restricted license may be granted after 45 days if the DMV approves it
  • Installation of a breath ignition interlock device for three years, if BAC exceeded 0.18 at time of the arrest. Payment for this device includes installation and monthly monitoring, all fees are paid by the defendant
  • Attendance at a Nevada DUI school, paid by the defendant
  • Possible order to attend a treatment program regarding substance abuse
  • Mandatory fines ranging from $400-$1,000

THIS IS MY SECOND DUI IN LAS VEGAS, WHAT DO I DO?

If this is your second DUI, your first step should be to contact The Defenders so we can lead you in the right direction. Contacting The Defenders right away is extremely crucial for your case, especially if this is your second DUI within seven years. Having more than one DUI offense within seven years can lead to enhanced penalties for the defendant.

When you receive a second DUI within seven years of your first offense, you are going to face magnified restrictions and consequences. These restrictions are:

  • A jail or house arrest sentence for 10 days to six months
  • License revocation for one year without the possibility of receiving a restricted license
  • Mandatory fines ranging from $750 to $1,000
  • Possibility of court ordered substance abuse treatment or clinical supervision for one year
  • Installation of a breath ignition interlock device for three years, if BAC exceeded 0.18 at time of the arrest. Payment for this device includes installation and monthly monitoring, all fees are paid by the defendant.

WHAT HAPPENS AFTER A THIRD DUI?

If this is your third DUI offense, you are at the risk of being in serious trouble and are facing the possibility of serious prison time. First, you should contact The Defenders so we can lead you in the right direction and be your guide throughout this difficult path. We are skilled and trained on DUI cases at this level. Contacting The Defenders right away is extremely crucial for your case, especially if this is your third DUI within seven years. If you have three or more DUI convictions, it is now considered a felony. We will work vigorously to make sure that your case is fully investigated and any arresting inconsistencies are brought to the surface. Receiving a third DUI means you will now be charged with a felony.

When you receive a third DUI within seven years of your first two, you are going face magnified restrictions and consequences. These restrictions are:

  • A prison sentence lasting AT LEAST one to six years
  • License revocation for 3 three years, with the possibility of a restricted license after one year
  • Mandatory fines ranging from $2,000 to $5,000
  • SR22 Nevada insurance requirement
  • Installation of a breath ignition interlock device for one to three years. Payment for this device includes installation and monthly monitoring, all fees are paid by the defendant
  • Possible requirement of attending a felony DUI court for up to 3 years along with being required to partake in substance abuse counseling and rehabilitation.

WHAT IS A MISDEMEANOR DUI?

Depending on the severity of your DUI, you are usually looking at a misdemeanor conviction, which is considered to be the basic DUI charge in the state of Nevada. If you cause a severe injury or death, a large sum of property damage, or flea the scene of an accident while driving under the influence, you will face a felony charge. If you get arrested for a DUI, whether that be your first or second, and you do not cause any injury, death, or property damage, you will be looking solely at a misdemeanor charge. While a misdemeanor comes with lesser penalties than those of a felony, you are still going to be facing hefty consequences and have the DUI recorded on your driving and criminal record.

For your first offense, you are looking at a misdemeanor charge and facing the following penalties:

  • Possible jail time (up to six months) or 96 hours of community service
  • Drivers license revocation for 90 days. A restricted license may be granted after 45 days if the defendant has no further offenses
  • Installation of a breath ignition interlock device for three years, if BAC exceeded 0.18 at time of the arrest. Payment for this device includes installation and monthly monitoring, all fees are paid by the defendant
  • Attendance at a Nevada DUI school, paid by the defendant
  • Possible order to attend a treatment program regarding substance abuse
  • Mandatory fines ranging from $400 to $1,000

If you were to get a 2nd DUI within a seven-year time frame from your first DUI, you are looking at being charged with a misdemeanor and your penalties include:

  • A jail or house arrest sentence for 10 days to six months
  • License revocation for one year without the possibility of receiving a restricted license
  • Mandatory fines ranging from $750 to $1,000
  • Possibility of court ordered substance-abuse treatment or clinical supervision for one year
  • Possibility of car registration suspension
  • Installation of a breath ignition interlock device for three years if BAC exceeded 0.18 at time of the arrest. Payment for this device includes installation and monthly monitoring, all fees are paid by the defendant.

WHAT CONSTITUTES A FELONY DUI?

There are few reasons your DUI would be classified as a felony. These reasons are:

  • You have had three DUI’s within seven years
  • If you caused an accident that lead to serious injury or death
  • If you have had a felony DUI before, regardless of the timeframe

PENALTIES FOR A FELONY DUI

The penalties you face with a felony are intensified greatly and you are facing life-changing consequences. If this is your third DUI within seven years, you are looking at a Category B Felony and the following penalties:

  • A prison sentence lasting AT LEAST one to six years
  • License revocation for years, with the possibility of a restricted license after 1 year
  • Mandatory fines ranging from $2,000 to $5,000
  • SR22 Nevada insurance requirement
  • Installation of a breath ignition interlock device for one to three years. Payment for this device includes installation and monthly monitoring, all fees are paid by the defendant
  • Possible requirement of attending a felony DUI court for up to five years along with being required to partake in substance abuse counseling and rehabilitation

If you have a DUI that has caused substantial injury, the penalties will include:

  • DUI charged as a Category B Felony
  • Fines from $2,000 to $5,000
  • A prison sentence lasting two to 20 years

We are The Defenders

Facing a DUI charge can be a terrifying and overwhelming experience, but you don’t have to face it alone. The Defenders can provide you peace of mind while making sure the proper steps are taken to have your charges dismissed or reduced.

It is important that you contact The Defenders immediately so we can start creating an aggressive defense for your case. The Defenders deliver an honest and straightforward response to your charges while providing you personable and communicative involvement throughout the duration of your case. We’re aggressive when we need to be, compassionate when it counts, and always dedicated to your success. That’s what makes us, The Defenders, a proud branch of the Richard Harris Law Firm. We have the experience and knowledge you need to make sure you get the best judgment for your case. We are available day and night to start the process. Simply fill out our Contact Us form or call us at 702.333.3333. You don’t have to go through this alone, call us today! The firm is led by attorney K. Ryan Helmick of The Defenders, who is experienced in dozens of criminal law matters. Ryan and his team have helped thousands of people with their cases. It is his passion. Read more about him here.